901:3-4-15
Embargo of food.

(1)
In the case of infant formula, the "use by" date required by
21 C.F.R.
107.20 has passed; or

(2)
In the case of baby food, that any
expiration date, "use by" date, or sale date established by state or federal
law or marked on the container by the manufacturer, processor, or packager has
passed.

(B)
Whenever a
licensor finds or has cause to believe within a retail food establishment or
food service operation in their jurisdiction that any food is adulterated, or
so misbranded as to be dangerous or fraudulent, within the meaning of sections
3715.01 and
3715.52 to
3715.72 of the Revised Code, or
that infant formula, or baby food is expired, the licensor shall affix to the
item a tag giving notice that the item is, or is suspected of being,
adulterated, misbranded, or expired and has been embargoed. The tag shall warn
all persons not to remove or dispose of the item by sale or otherwise until
permission for removal or disposal is given by the licensor or the court. No
person may remove or dispose of a detained or embargoed item by sale or
otherwise without such permission.

(C)
When a food, infant formula, or baby food
that has been embargoed has been found by the licensor to be adulterated,
misbranded, or expired, the licensor shall petition the municipal or county
court in whose jurisdiction the item is embargoed for an order for condemnation
of the item. When the licensor has not found within ten days that an item
embargoed is adulterated, misbranded, or expired, the licensor shall remove the
tag or other marking.

(D)
If the
court finds that an embargoed item is adulterated, misbranded, or expired, the
item shall, after entry of the decree, be destroyed at the expense of the
claimant thereof, under the supervision of the licensor, and all court costs,
fees, storage, and other proper expenses shall be taxed against the claimant of
the item or the claimant's agent; provided, that when the adulteration or
misbranding can be corrected by proper labeling or processing of the item, the
court, after entry of the decree and after such costs, fees, and expenses have
been paid and a good and sufficient bond, conditioned that the item shall be so
labeled or processed, has been executed, may by order direct that the item be
delivered to the claimant thereof for labeling or processing under the
supervision of the licensor. The expense of supervision shall be paid by the
claimant. The bond shall be returned to the claimant of the item on
representation to the court by the licensor that the item is no longer in
violation of sections
3715.01 and
3715.52 to
3715.72 of the Revised Code, and
that the expenses of supervision have been paid.

(E)
Whenever the licensor finds in any retail
food establishment or food service operation, any meat, seafood, poultry,
vegetable, fruit, or other perishable foods that are unsound, or contain any
filthy, decomposed, or putrid substance, or that may be poisonous or
deleterious to health or otherwise unsafe, the foods are declared to be a
nuisance, and the licensor shall forthwith condemn or destroy the foods, or in
any other manner render the items unsalable as human food.

(F)
Any action that may be taken by a
licensor under paragraphs (A) to (E) of this rule may be taken by a health
commissioner or other person employed by the licensor if the person or health
commissioner is authorized by the licensor to take the action.